Legal Question in Family Law in India
Dear Sir ,
we got married one month ago...according to hindu rituals..immediately after the marriage she is insisting for divorce giving no reason and asking for a compensation for marrige expenses..
then all elders sat and decide to go for mutual concent divorce..and ask me to pay 6 lacks for compensation.which i agreed too..
Now since it is just 1 month..can u suggest how to get the divorce done as she is not ready for the one year and even iam worried that she will be try to blacmail me in dowry case if i ask her to way for one year..
And will she again ask for montly compensation/ permanet compensation in the court ?
And have a property joint registed in my name and my father..will she has a right on this property..
Kindly suggest how can i get rid of the fear she will not file a dowry case agianst me.and how to get the divorce immediately
3 Answers from Attorneys
your question is more elaborate. Merely because wife is creating pressure you cannot make a unlawful act of dating back. For mutual consent divorce period of seperation of one year is required. there is one judgment of Delhi High court where by before one year the divorce was granted but that is subjudice before supreme court. Tell her to wait. the court is not going to just grant the compensation on merely asking because you are ready and willing to keep her. if you are adament in keeping her the court will not give her anything because for no reason or rhyme she cannot choose to leave. she will not get share in the property. at the most she has a right to live in the property which you are otherwise not denying. so do not succumb to pressure tactic of hers.
what is the reason of her asking for divorce when the marriage is just a month old. in case the alimony is decided to be six lacs, a divorce by mutual consent can be filed along with an application for waiving the period of one year in order to save everyone from troubles. incase she files a false case, defend it.
if possible contact personally with full details.